Cambodia's Khmer Rouge 'butcher' charged

Ta Mok's lawyer Benson Samay has demanded his release, saying his incarceration is unfair

PHNOM PENH, Cambodia -- Former Khmer Rouge military chief, Ta Mok, has been charged by the Cambodian government with crimes against humanity.

Ta Mok, known as 'the Butcher' during the bloody reign of Pol Pot, was detained in 1998 after being charged with genocide.

The ruling has foiled attempts by his lawyer Benson Samay to get Ta Mok released on bail.

Under the country's three-year detention laws Ta Mok had to face trial by March 6 or be released.

"Now he can legally remain in prison," his lawyer said.

The new charge keeps Ta Mok in jail until it is decided what is to be done regarding a tribunal for the crimes committed during the bloody reign of the Khmer Rouge's Pol Pot after efforts to develop a tribunal through the United Nations fell through.

Aside from Ta Mok, no Khmer Rouge leader has yet stood trial for the group's role in the death of some 1.7 million people during their brutal rule of Cambodia between 1975 and 1979.

Ta Mok and Kang Kek Ieu -- a former commander of a Khmer Rouge torture center -- are currently the only suspects detained for Khmer Rouge crimes and have been in custody for almost three years awaiting trial.

Former Khmer Rouge leader Pol Pot, known as "Brother Number One" during the group's four years in power, died in a jungle hideout in 1998.

Unfair incarceration

"The judge accepted my request to release Ta Mok on bail regarding his two original [charges]," Samay told a news conference.

"But the court has now charged him with crimes against humanity," he said.

Ta Mok's relatives, his lawyer and supporters of the former Khmer Rouge have demanded his release saying his incarceration was unfair.

They have cited that Mok has been singled out while other remaining members of the Khmer Rouge Central Committee (KRCC) still remain free.

The KRCC was the body of people responsible for carrying out the will of the former Pol Pot regime in Cambodia.

No United Nations

The trial struck its biggest hurdle two weeks ago when the United Nations backed out of the international tribunal.

Negotiations had extended far longer than expected, the U.N. said, and placed the blame for the delays on the Cambodian government.

The U.N.'s principal concern was that any agreement between the U.N. and Cambodia --- not any Cambodian law -- ultimately governed the tribunal's proceedings.

Talks between U.N. and Cambodian officials had dragged on for years over the issue of the number of Cambodian and foreign judges who would be on the tribunal.

Prime Minister Hun Sen had been reluctant to provoke former Khmer Rouge leaders.

Last January, Cambodia's legislature approved the tribunal, but did not set a firm timetable for trial.

King Norodom Sihanouk signed the law in August which sets up a court composed of U.N.-appointed and local judges and allows Khmer Rouge leaders to be prosecuted for crimes against humanity, genocide and war crimes.

Cambodian leaders have said they will try the former Khmer Rouge leaders, with or without U.N. approval.

The proposed court has become a divisive issue in Cambodia with some people expressing concerns that any future trial could reopen old wounds and set the country back on a path to conflict.